Covello

(HC) Duarte v. Covello

Good Law
United States District Court, Eastern District of CaliforniaJuly 17, 20232:22-cv-02059California977 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEVEN A. DUARTE, No. 2:22-cv-02059-CKD-DAD (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

v. HABEAS PETITION AS AN

UNAUTHORIZED SECOND OR

PATRICK COVELLO, SUCCESSIVE PETITION Respondent. (Doc. Nos. 12, 18) 16 17 Petitioner Steven A. Duarte is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On May 24, 2023, the assigned magistrate judge issued findings and recommendations recommending that respondent’s motion to dismiss (Doc. No. 12) be granted and that this federal habeas action be dismissed, without prejudice, as an unauthorized second or successive petition. (Doc. No. 18.) Those findings and recommendations were served on petitioner and contained notice that any objections thereto…

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